§ 51.230 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.

   (A)   Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 51.226 and in accordance with all applicable state and federal rules, laws, and regulations. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 51.221, 51.224, and 51.225.

   (B)   Dischargers are exempt from the requirements of division (A) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 26133(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. § 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

   (C)   In the case of any new regulations under § 3001 of RCRA, being the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Wastewater Utility Manager, the EPA Regional Waste Management Waste Division Director, and the State Department of Environmental Management (IDEM) of the discharge of such substance within 90 days of the effective date of such regulations.

   (D)   In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

   (E)   This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this subchapter, a permit issued thereunder, or any applicable federal or state law.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.231 ANALYTICAL REQUIREMENTS.

   All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with current procedures approved by the U.S. EPA.

(Ord. 2008-38, passed 12-10-2008)

§ 51.232 SAMPLE COLLECTION.

   (A)   Except as indicated in division (B) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Wastewater Utility Manager may authorize the use of time proportional sampling consisting of a minimum of four grab samples if the user demonstrates, to the satisfaction of the Wastewater Utility Manager, that time proportional sampling will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

   (B)   Samples for COD, oil and grease (O&G), temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab sample collection techniques.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.233 TIMING.

   Written reports will be deemed to have been submitted on the date postmarked. The date of receipt by the Wastewater Utility Manager shall be deemed the submittal date for reports that are not mailed.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

POTW - COMPLIANCE MONITORING

§ 51.245 RIGHT OF ENTRY; INSPECTION AND ENTRY.

   The SIU shall allow the Wastewater Utility Manager, or an authorized representative, upon the presentation of credentials, to:

   (A)   Enter upon the user’s premises, without any preconditions, except those listed in § 51.247, where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this subchapter or the applicable pretreatment permit;

   (B)   Have access to and copy, at any time, any records that are required to be kept by this subchapter or the applicable pretreatment permit;

   (C)   Inspect, at any time, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this subchapter or the applicable pretreatment permit;

   (D)   At any time, sample or monitor, for the purposes of determining compliance with this subchapter or the applicable pretreatment permit, any substances or parameters at any locations; and

   (E)   At any time, inspect any production, manufacturing, fabricating, or storage area where pollutants, regulated under this subchapter or the applicable pretreatment permit, could originate, be stored, or be discharged to the sewer system.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.246 SEARCH WARRANT.

   If the Wastewater Utility Manager or an authorized representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this subchapter, or that there is a need to inspect or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this subchapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Wastewater Utility Manager may seek issuance of an administrative search warrant from the County Circuit Court and/or the County Superior Court No. 1 in the city.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)